2016-2017

MISSOURI MUNICIPAL POLICY

1727 Southridge Dr.

Jefferson City, MO

65109

537-635-9134

www.mocities.com

http://www.mocities.com/

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PREAMBLE

The 650 member cities and villages of the

Missouri Municipal League in adopting the Missouri

Municipal Policy call attention to and set policies for

issues involving common municipal interests

consistent with the right of any municipality to

express its individual viewpoint.

The Missouri Municipal Policy serves as the

statement of policy relating to the authority,

responsibility and financing of municipal government

and to federal and state laws and administrative

regulations affecting local government.

Municipal government, being the closest to the

people and being a creature of the higher levels of

government, must be provided with resources and

authority from the other levels of government in

order to carry out its vital role.

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RESOLUTIONS COMMITTEE

The Resolutions Committee of the Missouri

Municipal League plays a key role in the development of

the Missouri Municipal Policy.

Policy-making is a very important function of the

Missouri Municipal League. The primary process is that

four appointed policy committees meet each July to

discuss and debate policy issues facing Missouri

municipalities.

The result is new or amended policy

recommendations that are reviewed and finalized by the

Resolutions Committee. These final policy

recommendations are presented to the general

membership for adoption at the Business Meeting during

the Annual Conference. Alternatively, members may

modify or offer new policies during the Business Meeting

for adoption by the general membership.

Members of the 2016 Resolutions Committee are:

Chair, Ken McClure, Council Member, Springfield Dale Bagley, Mayor, Macon Rob Binney, Council Member, Lee's Summit Patrick Bonnot, Loss Cont/Mem Serv Dir, MIRMA Shane Cohn, Alderman, St. Louis Betty Cotner, Finance Director, Town and Country Michele DeShay, Mayor, Moline Acres Bill Falkner, Mayor, St. Joseph Barry Glantz, Mayor, Creve Coeur J.T. Hardy, City Administrator, Sullivan Brian Hasek, Mayor, Harrisonville Chris Heard, City Administrator, Lebanon Christine Ingrassia, Alderman, St. Louis Leonard Jones, Mayor, Grandview Pat Kelly, Attorney, Municipal League of Metro St. Louis Bill Kolas, Mayor, Higginsville Gary Lathrop, Council Member, Belton Chris Lievsay, Council Member, Blue Springs Mike Matthes, City Manager, Columbia Norman McCourt, Mayor, Black Jack Mike McDonough, Mayor, Raytown Susan McVey, Council Member, Poplar Bluff Betty Montano, City Clerk, Kirkwood Steve Moore, Council Member, Fulton Jan Neitzert, Executive Director, MO Parks and Recreation Scott Roberson, Council Member, Independence Matthew G. Robinson, Mayor, Hazelwood Kathleen Rose, Mayor, Riverside Edward Rucker, Attorney, Osage Beach Mike Schneider, Mayor, Overland Gary Shaw, Council Member, Joplin David Slater, Mayor, Pleasant Valley

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Bwayne Smotherson, Council Member, University City Robert Stephens, Mayor, Springfield Michael Trapp, Council Member, Columbia Brian Treece, Mayor, Columbia Scott Wagner, Council Member, Kansas City David L. Willson, Mayor, Manchester

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ECONOMIC DEVELOPMENT AND HUMAN

RESOURCES

Introduction ..................................................................7

Economic Development Policies

Access to Capital ..........................................................8

Missouri Works Program .............................................8

Confidential Negotiations ............................................9

Downtown Revitalization and Economic Assistance

for Missouri Program (DREAM) .................................9

Economic Incentive Programs .....................................9

Industrial Revenue Bonds ............................................9

Life Sciences and Biotechnology .................................9

Marketing Efforts .........................................................9 Super Tax Increment Financing Caps ..........................10

Missouri Technology Corporation ...............................10

Statewide Sports Commission ......................................10

Tax Abatement .............................................................10

Tax Credit Programs ....................................................10

Tax Increment Financing .............................................10 Technology Transfer ....................................................11

Tourism Promotion ......................................................11

Transportation Infrastructure .......................................11

Human Resources Policies

Affordable Housing and Homelessness .......................11

Workforce Development and Human Resources .........12

Childcare ......................................................................12

Community Education .................................................13

Needs of Seniors and Adults with Disabilities .............13

FINANCE AND TAXATION

Introduction ..................................................................15

E-Commerce Taxation ................................................ 16

Property Tax Hearing .................................................. 16

Tax Restructuring ........................................................ 16

Business and Occupation Licenses ..............................16

Exemptions From Local Option Sales Tax ..................17

Local Earnings/Income Taxes ..................................... 17

Property Tax Rate Cap ................................................ 17

Road and Bridge Taxes ............................................... 17

Tax on Hotel/Motel Guests ......................................... 17

Cable and Video Franchising ...................................... 18

Preservation of PEG Access Television ...................... 18

Regulation of Municipal Broadband ........................... 18

Taxation of Cell Phones, VoIP and Other

Communication Systems ............................................. 18

MML Policy 2016-2017

CONTENTS

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Utilities Taxes ..............................................................19

State/Federal Mandates ................................................ 19

Other Post-Employment Benefits (OPEBS) ................19

Public Deposits and Investment of Idle Funds .............19

Transportation Needs ................................................... 20

MUNICIPAL ADMINISTRATION AND

INTERGOVERNMENTAL RELATIONS Introduction ..................................................................21

Blight/Eminent Domain ............................................... 22 Posting of Legal Notices in Newsletters or on

Websites ....................................................................... 22

General Assembly Term Limits ................................... 23

Self Governance ...........................................................23

Modernization of Local Government Statutes .............23

Labor Relations ............................................................23

Municipal Personnel Policies .......................................23

State Mandates .............................................................24

Fines in Municipal Court .............................................24

Prevailing Wage ...........................................................24

Regulation of Municipal Rights of Way ......................24

Deregulation in the Name of “Religious Freedom” .....24

Photographic Enforcement of Traffic Violations .........25

Concealed Weapons in Municipal Facilities ................25

Taxpayer Bill of Rights (TABOR) ...............................25

Primary Safety Belt ......................................................25

Ordinance Violations Bureau ...................................... 25

Opposition to Predatory Lending Practices and the

Proliferation of Payday Loan Operations .................... 25

Ground Emergency Medical Transport (GEMT) .........26

911 Funding .................................................................26

Campaign Finance Reform ..........................................26

ENVIRONMENT, ENERGY AND

SUSTAINABLE DEVELOPMENT

Introduction ................................................................. 27 Outdoor Air Quality .................................................... 28

Indoor Air Quality....................................................... 28

Water Quality .............................................................. 29

Solid Waste Management ........................................... 30

Hazardous Material Management ................................32 Energy ..........................................................................32

Sustainable Development .............................................33

Community Growth Incentive ......................................33

Regionalism ................................................................ 34

Local Code Coordination ............................................ 34 Preemption of Municipal Land Use Authority ............ 34

Collection of Special Tax Bills for Property

Maintenance ................................................................ 34

Municipal Acquisition of Land ................................... 34

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Extraterritorial Planning and Zoning Powers .............. 35

Local Government Boundary Adjustment .................. 35

Extension of Municipal Services Into Annexed Areas 36

Management of Public Rights of Way .........................37

Collection of Delinquent Utility Bills ..........................37

Recapture Agreements .................................................37

Healthier Lifestyles ......................................................38

Recreational Use Legislation .......................................38

Missouri’s Land and Water Conservation Fund

Program ........................................................................38

Property Maintenance Accountability .......................... 38

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ECONOMIC DEVELOPMENT

AND HUMAN RESOURCES

Chair, Gary Lathrop, Council Member, Belton

Barbara Abram, Council Member, Bridgeton

Judy Bateman, Alderman, St. Peters

Kevin Bookout, City Administrator, Bridgeton

Don Bormann, Alderman, Centralia

Carol Branham, Executive Director, Nevada Housing

Authority

Brent Buerck, City Administrator, Perryville

Errol Bush, Alderman, Northwoods

John Butz, City Administrator, Rolla

Jack Chase, Alderman, Northwoods

Jessica Craig, Executive Director, Sedalia

Russ Fortune, Chairman, Village of Twin Oaks

Andrew Leahy, Alderman, Brentwood

Vicky McLeland, City Administrator, Macon

Jacqueline Patton, City Clerk, Velda Village Hills

Jerry Reese, Council Member, St. Charles

Bob Russell, Economic Dev Dir, Florissant

Harold Selby, City Administrator, St. James

Tom Short, City Administrator, Carthage

Carrie Tergin, Mayor, Jefferson City

Ian Thomas, Council Member, Columbia

Christopher Thornton, Mayor, Brentwood

Scott Von Behren, Council Member, Belton

Debra Wilkerson, Council Member, Malden

ECONOMIC DEVELOPMENT

AND HUMAN RESOURCES

INTRODUCTION

The most important resources in our municipalities

are people. The human resource development efforts

of all levels of government must be directed toward the

ultimate goal of improving the quality of life of people

by increasing their social, economic and physical

health, security and personal mobility, and by ensuring

an equal opportunity in the selection of basic goods and

services.

Because the ultimate responsibility for

implementation of human resource and economic

development policies and programs generally falls to

local governments, their input to state and federal

policy and program development must be considered

crucial.

Municipal officials must play a key role in the

partnership with state officials and the Missouri

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Department of Economic Development as well as the

private sector in strengthening the economies of their

communities. The Missouri Municipal League (MML)

recognizes economic development as more than

attraction of new industry. Economic development

encompasses all forms of business retention, attraction

and expansions. Economic development should include

but not be limited to: 1) deliberate and coordinated

efforts in business retention; 2) expansion of existing

businesses; 3) marketing and positioning of Missouri

products and services within state, national and world

markets; 4) promotion of Missouri and its communities

for new investment, including but not limited to life

sciences/biotechnology; 5) the attraction of tourism to

Missouri; 6) promotion of Missouri locations for

conventions; 7) funding for improvement and

expansion of infrastructure; 8) funding support for

applied research at Missouri’s universities that can be

commercialized to create jobs in Missouri; 9) support

of the Missouri Community Betterment Program; and

10) workforce development .

Economic incentive programs should provide

competitive, performance based discretionary

economic development tools throughout the state. The

state should look for and encourage the use of new

economic development tools to encourage economic

growth.

ECONOMIC DEVELOPMENT POLICIES

ACCESS TO CAPITAL

The MML supports public and private efforts to

provide access to seed and venture capital for viable

projects by Missouri entrepreneurs. The state of

Missouri, in conjunction with its communities, shall

make an effort to assist new and expanding businesses

with access to competitively priced financing.

MISSOURI WORKS PROGRAM

The MML supports “Missouri Works,” a program

that combines the Development Tax Credit Program,

the Rebuilding Communities Tax Credit Program, the

Enhanced Enterprise Zone Tax Credit Program, and the

Missouri Quality Jobs Program and rolls their functions

into one stream-lined program to promote business

retention, expansion and attraction in Missouri for job

creation and capital investment. The state should

consider establishing additional and separate funding

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for rural, micropolitan and metropolitan statistical

district projects for the retention and expansion of

existing businesses at a community level.

CONFIDENTIAL NEGOTIATIONS The MML supports changes to Chapter 610 RSMo

to allow economic development projects to be

negotiated in closed session similar to the exemption

that currently exists for real estate.

DOWNTOWN REVITALIZATION AND

ECONOMIC ASSISTANCE FOR MISSOURI

PROGRAM

(DREAM) The MML supports the concept of downtown

revitalization and reinstituting the funding and

expanding of the DREAM program due to prior

success.

ECONOMIC INCENTIVE PROGRAMS The state of Missouri should maintain basic

economic incentive programs including but not limited

to: 1) Community Development Block Grants,

2) taxable and tax-exempt financing programs, 3)

various tax credits, 4) the Missouri Linked Deposit

Program, 5) Environmental Improvement and Energy

Resource Authority, 6) Missouri Industrial

Development Loan Guarantees, 7) enterprise zones,

and 8) Missouri Works. All such programs should be

maintained at existing or increased levels.

INDUSTRIAL REVENUE BONDS The MML supports the extension and expansion of

the dollar limit on tax-exempt industrial revenue bonds

to provide financing for business expansions.

LIFE SCIENCES AND BIOTECHNOLOGY

The MML supports state efforts to promote life

sciences/biotechnology investments in Missouri.

MARKETING EFFORTS The MML supports an increased emphasis on

marketing the state of Missouri as a location for

business expansions. Marketing efforts should be

expanded to include additional emphasis on high tech

companies, manufacturing, agriculture and service

operations. A coordinated effort between The Missouri

Partnership, all appropriate state agencies and between

state and municipal groups promoting business;

industry; Science, Technology, Engineering, and Math

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(STEM); the arts; agriculture; animal science; and

tourism should be fostered in promoting the resources

already available in Missouri. The state of Missouri

must continue to assist businesses in reaching new

markets for their products and services, including an

increased awareness of international opportunities and

new technologies.

SUPER TAX INCREMENT FINANCING CAPS

The MML urges the General Assembly to increase

the existing fiscal cap on the super Tax Increment

Financing (TIF) program.

MISSOURI TECHNOLOGY CORPORATION

The MML supports full utilization of the Missouri

Technology Corporation and support of its goals and

objectives.

STATEWIDE SPORTS COMMISSION The MML urges the state of Missouri to consider

the economic benefits of a statewide sports commission

with the responsibility for assisting in the recruitment

and support of regional sporting efforts.

TAX ABATEMENT The MML supports the preservation of

Chapter 353 RSMo, the urban redevelopment law,

including the option of tax abatement without

unwarranted restriction by other governmental units.

TAX CREDIT PROGRAMS The MML opposes subjecting the tax credit

program to the appropriations process as this puts

Missouri at a competitive disadvantage. MML supports

the retention, and funding of these tax credit programs:

a. Low Income Housing Tax Credits

b. Tax Credit for Contributions Program

c. Neighborhood Assistance Program Tax Credits

d. Historic Preservation Tax Credits

e. Brownfields Jobs and Investment Tax Credits

f. Missouri Build Tax Credits

g. Film Production Tax Credit

h. New Markets Tax Credits

i. Investment Credit Tax Programs

TAX INCREMENT FINANCING The MML opposes legislation to exempt any

governmental entity from being required to contribute

to the tax increment financing (TIF) allocation fund.

The MML opposes any attempt to change the purpose

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or types of development permitted under current TIF

statutes. The MML supports legislation that clearly

requires all applicable taxes, pre- and post- adoption, to

be subject to the TIF.

TECHNOLOGY TRANSFER The MML supports funding for applied research at

Missouri based educational facilities, technology

transfer, and the commercialization of this knowledge

to create jobs in Missouri.

TOURISM PROMOTION The MML supports increased funding efforts for

tourism promotion campaigns, including promoting the

state of Missouri domestically and internationally as a

visitor destination. The MML encourages the General

Assembly to increase funding for arts and culture,

specifically the Missouri Arts Council and the Missouri

Humanities Council. The MML supports the efforts of

local communities to promote its natural resources and

tourism destinations. In addition, cost sharing between

local and state promotional groups has proven to be a

cost-effective way to increase exposure and should be

expanded.

The MML supports development of art and

cultural industries in Missouri.

The MML supports the preservation of Missouri‘s

natural beauty which makes it a tourist destination.

TRANSPORTATION INFRASTRUCTURE

The MML recognizes the importance of

transportation infrastructure to Missouri economic

development and supports continuing reviews of the

structure of the Missouri Department of Transportation

(MoDOT) and of funding resources to address

transportation needs that:

1. Consider the economic importance of connectivity.

2. Provide for mass transit.

3. Maintain existing infrastructure.

HUMAN RESOURCES POLICIES

AFFORDABLE HOUSING AND

HOMELESSNESS

The MML urges state agencies to work in

conjunction with Missouri municipalities as well as

private and not-for-profit organizations to address the

areas of: homelessness; affordable housing; supported

living services for seniors and the disabled; and

rehabilitation of existing housing.

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WORKFORCE DEVELOPMENT AND HUMAN

RESOURCES To encourage the continued implementation of job

training, such as the OJT program, the MML supports:

1) Continued emphasis on the education and training

necessary to provide a competitive work force in

Missouri, including promoting higher standards for all

levels of education.

2) Adequate state funding for preschool, primary,

secondary and post-secondary public education,

including new educational initiatives to ensure the

availability of a Missouri work force equipped with the

technical skills to compete in future decades.

3) Strong coordination between agencies involved in

the job training, retraining and placement systems and

the business sector;

4) More resources for centers designed to assist high

school drop-outs and potential drop-outs to earn high

school diplomas or equivalency certification;

5) Continued and increased support for state job

training funds targeted for all businesses and not-for-

profit organizations.

6) More training dollars as an economic incentive to

encourage organizations to target further development

of their existing workforce.

7) Working closely with private industry and not-

for-profits to plan and implement programs that assist

in adult/youth training, worker reentry, the

underemployed, seniors and work reentry programs for

ex-offenders.

8) Preserving economic development tools used to

support affordable “workforce” housing.

9) Expand Show Me Heroes program to include

incentives to attract skilled veterans.

10) Develop incentives to retain college graduates

throughout the state.

CHILD CARE

The MML urges the state to develop education

programs and incentives to ensure development of

public/private partnerships to enhance and expand

quality child care and early childhood education

facilities, including care for infants, children with

special needs, weekend and non-daytime shift workers

and the adequate training of child care providers.

Public and private employers should be encouraged to

provide quality child care and early childhood

education centers and programs through the use of tax

credits or other incentives including but not limited to

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cafeteria plans (Section 125 of the Internal Revenue

Code) and flexible work schedules. Technical

assistance and training must be available to local

providers.

The MML urges the Department of Social Services

(DSS) and the Department of Health and Senior

Services (DHSS) to adequately fund services and staff

to guarantee quality child care for Missouri children,

particularly to ensure that funds are available for child

care licensing staff to properly license and monitor

family, group home and child care centers. The MML

also supports the licensing of private and faith-based

child care centers and encourages the DHSS and DSS

to jointly develop quality incentives that would

promote voluntary accreditation or other similar quality

standards for all child care providers.

COMMUNITY EDUCATION

The MML supports the use of state funds for

community education programs that are proactive

and/or rehabilitative. Examples of these include, but are

not limited to programs that prevent or address issues

such as:

substance abuse;

gambling addiction;

juvenile delinquency;

gang activity;

child abuse;

teenage pregnancy and the education of teenage parents (including prenatal and postnatal care);

parenting skills;

drop-out prevention programs;

reduction of unemployment/underemployment;

development of adequate and available recreation facilities and programs

and life skills, education and training.

NEEDS OF SENIORS AND ADULTS WITH

DISABILITIES The MML calls on all levels of government to

recognize the needs of seniors and adults with

disabilities and to help them remain independent.

Further, the MML urges:

1) The General Assembly to provide adequate funding to the Missouri Department of Health and Senior

Services (DHSS). The DHSS should in turn provide

adequate funding for services such as: Medicaid meals,

home delivered meals, community senior centers,

transportation, and ombudsman services.

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2) The DHSS to make readily available funding to the

local Agency on Aging for information and referral

services.

3) Local governments to encourage senior

volunteerism in their communities.

4) The DHSS to fund and encourage development of

intergenerational mentoring and outreach programs that

focus on: education, quality of life, and life

experiences.

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FINANCE AND TAXATION

Chair, Rob Binney, Council Member, Lee's Summit

Greg Camp, City Administrator, Desloge

Betty Cotner, Finance Director, Town and Country

Matt Harline, City Administrator, Centralia

Roger Haynes, Deputy City Manager, Mexico

Chris Heard, City Administrator, Lebanon

Robert Hensley, Mayor, Velda City

Arnold Hinkle, Council Member, Black Jack

David Holtmann, Interim Finance Dir, Springfield

Theodore Hoskins, Mayor, Berkeley

Conrad Lamb, Finance Director, Lee's Summit

Mary Lowry, Clerk/Treasurer, Jackson

Norman McCourt, Mayor, Black Jack

Marcella McCoy, Finance Director, Harrisonville

Cindy Pool, Council Member, Ellisville

Mark Ragar, Alderman, Wood Heights

Jamie Rouch, Finance Director, Branson

Nathan Schauf, City Administrator, Owensville

Dan Smith, Finance Director, Creve Coeur

Eileen Weir, Mayor, Independence

Shonte Young, Alderman, Moline Acres

FINANCE AND AXATION

INTRODUCTION

In many of Missouri’s municipalities, annual

revenues are never adequate to meet the service

needs and demands of citizens. The continuing

reduction of federal funds and the transfer of

service delivery responsibility to the local level

may cause this situation to become acute for many

municipalities. Cities are particularly frustrated by

state constitutional and statutory provisions that

restrict the sources of municipal revenue, while the

state and federal governments continue to enact

rules, regulations and guidelines affecting or

dictating municipal services, such as the Fair

Labor Standards Act, prevailing wage, workers’

compensation and unemployment compensation.

This combination of state restrictions on revenue

sources, mandated state and federal regulations

and elimination of federal support results in a

reduction in essential municipal services in many

municipalities.

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The General Assembly is urged to give

municipalities greater freedom to increase

revenues without the restrictions of limiting

legislation, such as earmarking revenue for special

purposes, except when the revenue is generated by

users of the service. This would allow the needed

flexibility to meet changing conditions.

E-COMMERCE TAXATION

The MML urges Congress and the state of

Missouri to define that all sales and use tax on

sales of tangible property be treated fairly and

equitably whether the sales take place over the

counter, by phone, by mail order, by internet or by

any other electronic means. The MML urges

Congress to enact legislation that redefines nexus

to include economic nexus as well as physical

nexus so that out-of-state mail order sales and

internet sales are treated the same as sales within

the same state.

PROPERTY TAX HEARING

The MML supports streamlining the process

by changing the deadline for setting the municipal

property tax levy as required in Section 67.110

RSMo to 30 days after receiving from the county

the assessed valuation of all property located

within the municipality.

TAX RESTRUCTURING

The MML opposes the use of a higher sales

tax rate to replace the corporate and individual

income taxes. Missouri’s cities rely upon sales

taxes for general fund and enterprise fund

operation. If the state sales tax rate is dramatically

increased, municipalities would be crippled in

seeking voter approval of new sales taxes and

Missouri businesses would lose retail sales to

adjoining states and the Internet.

BUSINESS AND OCCUPATION LICENSES

The MML supports legislation to authorize

municipalities to license, tax and regulate the

occupation of merchants, manufacturers and all

businesses, avocations, pursuits and callings and

to, by ordinance, base such licenses on gross

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receipts, square footage, per capita, flat fee,

graduated scale based on gross or net receipts or

sales, or any other method of measurement of tax

or any combination thereof derived or allocable to

the carrying on or conducting of any business,

avocation, pursuits or callings or activities carried

on in such cities.

EXEMPTIONS FROM LOCAL OPTION

SALES TAX

The MML opposes the exemption of any

further items from the local option sales tax and

encourages a thorough review of current

exemptions to examine their validity. Also, the

MML continues to oppose state-mandated sales

tax holidays that do not provide a local option on

participation or nonparticipation in the holiday.

Should the General Assembly approve additional

sales tax holidays, the MML requests that all

future sales tax holidays include an opt in

provision while still allowing the municipality the

option to opt out in future years.

LOCAL EARNINGS/INCOME TAXES

The MML opposes legislation repealing the

local earnings tax and favor decisions regarding

municipal taxation remaining at the local level.

PROPERTY TAX RATE CAP

The MML urges the General Assembly and

the electorate to raise the imposed caps on

municipal property tax rates by Article X, Section

11(b) Missouri Constitution and Chapter 94

RSMo.

ROAD AND BRIDGE TAXES

The MML supports legislation to require that

the percentages stated in the various statutes on

road and bridge taxes be spent for road and bridge

projects in incorporated cities rather than such

expenditures being discretionary on the part of

counties and road districts.

TAX ON HOTEL/MOTEL GUESTS

The MML urges the General Assembly to

adopt legislation authorizing all cities to levy a tax

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on hotel guest rooms with approval of said tax by

the voters. The legislation should also require the

Department of Revenue to collect the tax if

requested to do so by a city enacting the tax.

CABLE AND VIDEO FRANCHISING

The MML opposes any federal legislation and

regulations that would alter or completely

eliminate the ability of local governments to enter

into and enforce local cable franchise agreements

unless such legislation requires the payment of

local franchise fees, compliance with local rights-

of-way regulations, payment in lieu of in-kind

services, operational grants and consumer

protection provisions.

PRESERVATION OF PEG ACCESS

TELEVISION

The MML supports the Community Access

Preservation Act (CAP) which removes use

restrictions on public, educational and government

(PEG) access fees, restores PEG revenue streams,

and ends cable operators’ discriminatory treatment

of PEG channels. The MML urges Congress to

enact the CAP Act in order to preserve local PEG

channels.

REGULATION OF MUNICIPAL

BROADBAND

The MML opposes any state or federal

legislation that regulates, restricts, or prohibits

municipalities from providing municipal

broadband services.

TAXATION OF CELL PHONES, VoIP AND

OTHER COMMUNICATION SYSTEMS The MML supports legislation to impose or

maintain local gross receipts taxes on cellular,

land-line and VoIP telecommunications providers

and other types of personal communications

technology. The MML also supports legislation

that allows wireless devices to be taxed while

holding harmless the cities and counties that have

enacted sales taxes to address 911 funding issues.

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UTILITY TAXES

The MML opposes any legislation capping the

rate or reducing the amount of utility taxes

imposed by municipalities.

STATE/FEDERAL MANDATES

The MML urges members of the General

Assembly and Congress to work with local

officials to determine how to limit the fiscal and

other burdens of mandates on the operation of

municipal government.

Further, the MML supports an assessment of

current state and federal programs, regulations and

policies to determine the extent of adverse cost,

structural and intergovernmental impacts on cities.

OTHER POST-EMPLOYMENT BENEFITS

(OPEBS)

Accounting standards, GASB (Governmental

Accounting Standards Board) Statements 43, 45

and 68 require all state and local governmental

agencies to report costs and obligations for other

post- employment benefits in their financial

statements. While GASB Statements 43, 45 and

68 do not require that governmental entities

actually fund other postemployment benefits

(OPEB), those that do not are in danger of lowered

credit ratings, and may be subject to less favorable

discount rates in calculating total unfunded OPEB

liabilities or mandated revenue stream diversions.

The MML urges the Governor and General

Assembly to give municipalities the ability to fund

OPEB to ensure that local governments are able to

adequately meet future obligations.

PUBLIC DEPOSITS AND INVESTMENTS

The MML supports passage of legislation that

would repeal the archaic laws governing

depositories for funds and clarify the investment

authority of municipalities.

Such legislation, at a minimum, should

include authority for municipalities to choose one

or more depositories for public funds under

conditions and terms determined by the

municipality, including the choice of facilities

outside the city. It should also clearly permit

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investment of municipal funds in obligations of

the state; obligations issued by the United States;

obligations fully insured or guaranteed by the

United States or a United States government

agency; repurchase agreements secured by United

States Treasury securities; obligations of any

corporation of the United States government;

prime bankers’ acceptances; and deposits, time

deposits, certificates of deposit (negotiable or non-

negotiable), shares, share accounts or other interest

bearing accounts in depository institutions

chartered by this state or by the United States. The

MML further supports a standardization of

collateralization requirements for depository

institutions. Collateral should not be required of

any depository institution for that portion of the

municipality’s deposits covered by insurance of

any federal agency.

TRANSPORTATION NEEDS While the MML supports appropriate funding

for transportation purposes in Missouri, the MML

opposes the use of sales taxes by the state of

Missouri as the primary source to raise revenue for

meeting the needs of the state’s highways, roads

and transit systems. The MML urges the General

Assembly and Missouri Department of

Transportation (MoDOT) to devise a

comprehensive plan to increase the needed

revenue for meeting Missouri’s transportation

needs and securing federal matching funds. Such

plan should dedicate sufficient funding to provide

quality mass transit services throughout the state.

This should include funds for systems that serve

the elderly, handicapped and low-income

residents.

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MUNICIPAL ADMINISTRATION AND

INTERGOVERNMENTAL RELATIONS

Chair, Debra Hickey, Mayor, Battlefield

John Best, Mayor, Bolivar

Carol Branham, Executive Director, MoNAHRO

Adam Couch, Mayor, Odessa

Reed Dupy, Council Member, Chillicothe

Barry Glantz, Mayor, Creve Coeur

Bruce Harrill, City Administrator, Waynesville

Donald Krank, Council Member, Black Jack

Chris Lievsay, Council Member, Blue Springs

Chuck Long, Council member, Kirksville

Ralph McDaniel, Council Member, Berkeley

Mike McDonough, Mayor, Raytown

Derek Moorhead, Council Member, Raymore

Russell Rost, City Administrator, Union

Ron Scheets, City Administrator, Cabool

Thomas Schneider, Mayor, Florissant

Mike Tholen, Int City Administrator, Harrisonville

Everett Thomas, Mayor, Northwoods

A.J. White, Council Member, Black Jack

MUNICIPAL ADMINISTRATION AND

INTERGOVERNMENTAL RELATIONS

INTRODUCTION

Missouri municipal officials are constrained in

responding to citizen needs and demands for

services by obsolete and restrictive statutory

provisions relating to municipal government

administration. There is a need to clarify the

statutory powers for municipal governments.

While Missouri’s home rule provisions are

progressive and flexible, considerable work

remains to be done to authorize cities to determine

their own internal structure, lift the legal barriers to

adequate local taxation and moderate state controls

over local government.

While the state and federal governments have

an obligation to encourage and assist sound

municipal management, they should adhere to the

principle of home rule and maximize opportunities

for local self-determination to the fullest extent

possible. The importance of retaining flexible and

strong municipal government must be actively

communicated and pursued.

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BLIGHT/EMINENT DOMAIN

The MML vigorously opposes efforts to

prohibit the use of eminent domain to rehabilitate

blighted areas and other essential public uses that

benefit the health, safety, and general welfare of

the municipality. MML also opposes any effort

that would negatively impact nuisance abatement

programs. The MML should work with utilities,

businesses, developers, and other groups to inform

the public of the benefits of eminent domain and

nuisance abatement programs.

Eminent domain is indispensable and is most

often used as a last resort for revitalizing local

economies, creating much-needed jobs and

generating revenue that enables cities to provide

essential services. Eminent domain is a powerful

tool; its prudent use, when exercised in the

sunshine of public scrutiny, helps achieve a great

public good that benefits the entire community.

Economic policies and incentives supported by the

Governor and adopted by the General Assembly

will have little effect in encouraging business to

expand or relocate in Missouri to support the

economic vitality of the state if land cannot be

assembled through the power of eminent domain if

necessary. The MML supports changes in the law

to further ensure fair treatment and just

compensation of property owners, but any such

changes should be carefully drafted to permit use

of eminent domain for economic development

purposes when necessary.

POSTING OF LEGAL NOTICES IN

NEWSLETTERS OR ON WEBSITES

The MML strongly supports legislation to

allow for publication of legal notices including but

not limited to financial statements, land use and

election notices in municipal newsletters and on

websites in lieu of the unfunded mandate for

newspaper publication to help keep the public

apprised of local affairs in a much more cost

effective method.

23

GENERAL ASSEMBLY TERM LIMITS

The MML supports legislation to initiate an

amendment to the Missouri Constitution to

lengthen or modify term limits for members of the

General Assembly.

SELF GOVERNANCE The MML continues its support for self-

governance for all municipalities and the right

contained therein of municipal self-determination.

The MML urges the General Assembly to refrain

from enacting legislation in areas that can be better

dealt with by local government. Additionally,

MML supports the elimination of the minimum

population requirement to achieve constitutional

charter city status.

MODERNIZATION OF LOCAL

GOVERNMENT STATUTES

The MML urges the repeal or revision of

contradictory and/or arcane provisions of the

statutes that create barriers to efficient

administration of local government. Further, the

MML supports legislation that permits the use of

electronic and digital archiving of public records.

LABOR RELATIONS

The MML supports legislation to resolve

issues from the Independence NEA v.

Independence School District Missouri Supreme

Court decision. Such legislation must preserve

traditional management rights, the fiscal integrity

of the city, the delivery of services to the taxpayer

and the role of the duly elected representatives of

the people as the final decision-makers on contract

provisions. Also, the MML Board is urged to

appoint a committee to study potential new MML

services in support of local officials in the

collective bargaining process.

MUNICIPAL PERSONNEL POLICIES

In the interest of public health and safety, the

MML opposes legislation that would interfere with

municipal authority to determine personnel policies

or merit system rules and regulations.

24

STATE MANDATES

The MML urges the Governor, the General

Assembly and state agencies to oppose unfunded

mandates and provide for reimbursement to cities

for direct costs of compliance with state laws,

policies, regulations and standards that impose

additional costs and responsibilities on local

governments, pursuant to the Missouri Constitution

(Article X, Section 21) commonly referred to as

the “Hancock Amendment.”

FINES IN MUNICIPAL COURT

The MML supports legislation to standardize

the maximum fine for violation of city ordinances

at $1,000 for statutory municipalities. The League

opposes any further restrictions that limit fines as a

proportion of general revenue. Further the League

seeks a restoration of local control of fines for

traffic and nuisance violations.

PREVAILING WAGE

The MML supports legislation to clarify the

existing prevailing wage law to define exemptions

from the law for deminimus work on public

projects including work involving repair and

maintenance of public facilities.

REGULATION OF MUNICIPAL RIGHTS-

OF-WAY

The MML supports the authorization of local

governments to impose reasonable

nondiscriminatory fees for the use of the public

rights-of-way and opposes any legislation that

limits municipalities’ authorities to manage rights-

of-way for the public interest and/or transfer the

cost of relocation of utilities from private industry

to public entities.

DEREGULATION IN THE NAME OF

“RELIGIOUS FREEDOM”

While the MML supports free exercise of

religion, the MML opposes legislation to further

erode, under the guise of religious freedom, local

authority to protect the health, safety and welfare

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of all people, including but not limited to

municipal zoning, building codes, sign regulations,

child care regulations and all other applicable local

ordinances.

PHOTOGRAPHIC ENFORCEMENT OF

TRAFFIC VIOLATIONS

The MML supports cities’ right to use

automated cameras to enforce traffic ordinances

and opposes any efforts to restrict cities’ use of

photographic enforcement for traffic violations.

CONCEALED WEAPONS IN MUNICIPAL

FACILITIES

The MML supports language to clarify the

concealed carry law (Section 571.107 RSMo) to

permit local governments to adopt ordinances to

prohibit the carrying of concealed weapons in all

city facilities and parks.

TAXPAYERS BILL OF RIGHTS (TABOR)

The MML opposes efforts by any group to

impose further restrictions on state revenues and

spending through the so-called Taxpayers Bill of

Rights (TABOR) or similar initiatives.

PRIMARY SAFETY BELT

The MML supports legislation to change

Missouri’s secondary seat belt law to a primary

seat belt law by allowing law enforcement officers

to stop drivers for failing to wear their seat belts.

ORDINANCE VIOLATIONS BUREAU

The MML supports legislation that would

eliminate the requirement that municipal

prosecutors review and file charges in cases where

a defendant pleads guilty and pays a fine in a

municipal ordinance violations bureau.

OPPOSITION TO PREDATORY LENDING

PRACTICES AND THE PROLIFERATION

OF PAYDAY LOAN OPERATIONS

The MML supports legislation that would

impose stricter regulations, with penalties, on

lenders who engage in unfair and deceptive lending

practices. The legislation should give the Missouri

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Attorney General the increased responsibility to

investigate and take legal action against predatory

lenders.

In addition, the MML supports legislation that

would allow cities to impose limits on the number

and locations of payday loan companies or similar

loan companies or, if desired by the community, to

ban these operations entirely.

GROUND EMERGENCY MEDICAL

TRANSPORT (GEMT)

The Missouri Municipal League strongly

supports a state statute that enables public EMS

agencies to recoup a portion of the costs of

providing uncompensated prehospital medical care

and EMS ambulance transport from the Federal

Government. MML supports a new statute

establishing a Ground Emergency Medical

Transport program. The statute also should require

consistent accounting and cost recording

guidelines.

911 FUNDING

In the interest of 911 funding, the Missouri

Municipal League supports the imposition of fees

on cell phones.

CAMPAIGN FINANCE REFORM

The Missouri Municipal League supports

efforts to address campaign finance reform.

27

ENVIRONMENT, ENERGY

AND SUSTAINABLE

DEVELOPMENT

Chair, Michele DeShay, Mayor, Moline Acres

Brian Chaplin, DPW Superintendent, Hannibal

Melodee Colbert-Kean, Council Member, Joplin

Chad Davis, Utility Director, Trenton

Kent Edmondson, Council Member, Blue Springs

Linda Farmer, Council Member, Macon

Laurie Feldman, Council Member, St. Charles

Don Fuhrhop, Mayor Pro-Tem, Brookfield

Jerry Grimmer, Council Member, Bridgeton

Bob Hancock, Mayor, Kennett

Mary Holden, Comm Dev Dir, Arnold

Nancy Luetzow, Council Member, Kirkwood

Stephen Meyer, Dir of Environ Serv, Springfield

Kathleen Rose, Mayor, Riverside

Josh Stafford, Alderman, Harrisonville

John Taylor, Council Member, Black Jack

Ian Thomas, Council Member, Columbia

Scott Wagner, Council Member, Kansas City

Shelley Welsch, Mayor, University City

J. Bruce Woody, City Manager, St. Joseph

ENVIRONMENT, ENERGY

AND SUSTAINABLE

DEVELOPMENT

INTRODUCTION

To develop a community is to protect and

improve the physical, economic, social

conditions and opportunities a community affords

its inhabitants. The goal is the creation of a

community environment responsive to and

supportive of individual expression and endeavor.

Local governments have broad

responsibilities to develop more livable

communities. The physical improvement and

preservation of the environment is essential. This

includes not only the provision of physical

facilities and protection of natural resources for a

city’s population, but it also includes primary

consideration for the human requirements for

living within the physical confines of the city, the

effect of physical development on the total

community life of the city, and the effects of

28

unfettered growth upon the environment. These

responsibilities vary with the size of the

community and the potential impact on the

environment.

OUTDOOR AIR QUALITY The MML encourages all governmental

jurisdictions in Missouri to initiate and support

programs designed to increase public awareness

and education about the air pollution issue and

how pollution can be abated. The MML supports

continued federal funding for those

municipalities that have entered into a contract

with the Missouri Air Conservation Commission

to monitor air pollution sources within their

jurisdictions, including point and area sources.

The MML encourages all governmental juris-

dictions to help foster a public concern for clean

air by leading by example to demonstrate energy

efficiency, the benefits of native landscaping, use

of quality multi-modal transportation planning

and use of low-emission and low-fuel

consumption vehicles in their governmental

activities. The MML requests that the state of

Missouri provide adequate financial assistance to

municipalities in conforming to the state

standards for clean air.

The state should continue to involve local

officials in the implementation of any air

pollution plan or policy that may be imposed to

conform to EPA pollution standards.

Municipalities should support improving air

quality through local policies.

The MML encourages the state of Missouri

to remain diligent and spend the time needed to

develop a state implementation clean power plan.

INDOOR AIR QUALITY

The MML encourages municipal efforts to

improve indoor air quality and the air quality

surrounding governmental and commercial

buildings located within their boundaries,

including the adoption of smoking restrictions.

The MML opposes the adoption of any state law

29

which preempts a municipality from adopting

local smoking restrictions or any ordinances that

are designed to improve indoor air quality.

WATER QUALITY

The MML encourages Missouri

municipalities to attempt to meet and/or exceed

their water permit requirements using watershed-

based best management practices, including a

strong emphasis on green infrastructure

strategies, to mitigate pollutants and storm water

runoff. Given the enormous costs of constructing

wastewater treatment and collection facilities,

MML recommends that the General Assembly

appropriate sufficient funds to provide adequate

technical assistance through the Department of

Natural Resources (DNR) to determine the most

cost effective means of meeting state and federal

standards. Further, MML urges the Clean Water

Commission and the EPA to develop realistic

standards based on 1) documented studies that

verify potential health risks and 2) site-specific

pollution impacts.

The MML strongly urges DNR to implement

the storm water discharge permit program in a

manner that will not impose delays on municipal

and private projects. MML strongly urges the

EPA and DNR to develop a more simplified and

flexible approach to management of municipal

storm water runoff than has been imposed on the

state’s larger municipalities. MML opposes any

point source testing requirement in storm water

permits.

The MML supports all levels of government,

with substantial state and federal help,

collaborating as equals to insure that high levels

of harmful pollutants are within reasonable

limits, based on cost-benefit analysis, accurate

testing, and other factors under scrutiny in the

latest DNR reports. The likely use of the creek or

waterway for recreation should also be a factor.

Certainly, sewage from faulty infrastructure

should be addressed if harmful bacteria result for

any reasonable period of time. However, animal

waste, certain unavoidable runoff such as that

caused by treating streets for ice and snow, and

30

similar pollutants found at relatively low levels in

streams unlikely to be used for recreation should

be addressed with state and/or federal funds if

they require remediation.

MML urges DNR and EPA to develop

flexible standards for the treatment of combined

sewer overflows that will allow all municipalities

to implement solutions that will meet their

geographic environmental situation and

recognizes financial limitations based on the

point of diminishing returns. The MML opposes

any state regulations that exceed the scope of the

National Pollutant Discharge Elimination System

(NPDES) permit program regulations.

The MML supports an increase of the

NPDES fee of no more than the consumer price

index, provided that DNR be prohibited from

collecting fees from permit holders until permits

have been brought up-to-date by DNR. The

MML urges DNR and EPA to base affordability

evaluations upon households at or below a

community’s household median income.

The MML supports the concept of a

voluntary Missouri water quality trading program

that provides municipalities with cost saving

mechanisms to meet their water quality

requirements. Through the use of sound science,

the MML agrees with the establishment of

voluntary programs that are effective, efficient,

and equitable for those municipalities who want

to form a program or buy or sell credits within a

program.

SOLID WASTE MANAGEMENT

MML expects the DNR and EPA to be

involved in the monitoring of landfills, whether

closed or active, abandoned or monitored by a

responsible party; and other solid waste issues.

The MML encourages municipalities to

participate in a regional approach when

addressing solid waste issues and urges

municipalities to take an active role in the

operation of solid waste management districts.

Further, the MML encourages municipalities to

promote efforts to reduce landfill waste; to

address management of recoverable materials; to

31

ensure access to core residential services and

household hazardous waste collection in an effort

to minimize illegal dumping and littering and

encourage waste diversion from landfills; to

establish public education on waste reduction and

solid waste management for residents and

businesses; and to support the implementation of

programs to reduce, eliminate or divert other

household and business waste from landfills.

The MML urges the state agencies and

departments involved with implementation of the

state’s solid waste management law to coordinate

their efforts with municipal solid waste activities

and initiatives. The MML encourages state

leadership on policies and issues of statewide

significance, including public education, product

stewardship, sustainable funding, incentives for

diversion goals, and research on technologies and

trends.

The MML specifically encourages the state

to aggressively deal with stimulation of the

demand and markets for recycled materials. The

MML strongly encourages the federal and state

government to take an active role in developing

uses for recyclable materials as well as the

marketing of the products developed from

recyclable materials.

The MML urges Congress to enact

legislation preserving the 2007 US Supreme

Court finding that allowed states and local

governments to require that municipal solid waste

(but not separated recyclables) be transported to

municipal solid waste management facilities.

The MML urges the General Assembly to

enact legislation giving municipalities greater

flexibility in meeting the post-closure

responsibilities for municipally owned landfills.

The MML strongly urges the General

Assembly to protect the yard waste ban and any

exceptions written into it, the statewide tonnage

fee and the rights of local governments to

develop and implement solid waste management

strategies, facilities and services. In particular,

MML urges the General Assembly to remove and

prevent barriers for responsible and sustainable

waste management best practices, including the

32

elimination of the two-year notice requirement

for local governments seeking to contract for

solid waste services.

HAZARDOUS MATERIAL MANAGEMENT

The MML encourages federal and state

programs that educate the public and ensure safe

processing, incineration, recycling,

transportation, storage and disposal of hazardous

materials including newer products.

The MML supports an active investigative

effort to identify sources, violators and existing

sites of hazardous material. Such investigative

efforts should include advance notification to

municipal officials.

The MML further recommends clarification

and limitations of the liabilities cities may have

for unknown hazardous materials.

ENERGY

The MML endorses reasonable incentives

that foster cost effective transition to alternative

and renewable clean energy sources produced

and delivered in the state, including but not

limited to solar energy, wind power, geothermal,

nuclear energy, synthetic fuels, biomass, methane

gas, and the continued examination of

improvement in the conservation of energy. The

MML endorses policies that promote energy

efficiency.

A statewide standard should not supersede

local ordinances because communities differ too

much in density, architectural features, history,

and other neighborhood factors for one standard

to address every variable in every community.

The MML discourages prohibitions on renewable

energy facilities that might include solar panels,

wind turbines, windmills, water structures,

underground heating and cooling fields and

facilities yet to be defined. The MML encourages

each locality to consider appropriate policies to

encourage reasonable uses. MML also

encourages sustainability measures including

reviewing building codes, green infrastructure,

and land use.

33

The MML supports the efforts of the

Missouri Joint Municipal Electric Utility

Commission to purchase long-term transmission

service on the Grain Belt Express and encourages

the Missouri Public Service Commission (PSC)

to approve the project. MML supports this

project before the PSC.

SUSTAINABLE DEVELOPMENT

The MML supports policies, legislation and

incentives that lend themselves to sustainable

development. Such smart growth policies and

legislation will help establish Missouri as a

competitive area with cost effective public

systems. It also promotes the re-use of

neighborhoods with their existing infrastructure,

thereby supporting the established schools,

churches, firehouses and systems that promote

stability. However, development outside

established systems and areas should not be

discouraged when existing systems can be

expanded and sustained with new revenue from

the new development without negatively

impacting existing systems.

The MML supports a triple bottom line

approach to municipal and state policy and

planning efforts balancing: 1.) economic, 2.)

community, and 3.) environmental factors in

decision making.

COMMUNITY GROWTH INCENTIVE

The MML recommends that existing statutes

be revised to require that central water service

adequate for fire protection, storm water

management infrastructure and state approved

sewer service be provided prior to development

of a subdivision and to require adequate

easements for utilities.

The MML opposes any regulatory changes

by the Department of Natural Resources (DNR)

that would encourage the development of

subdivisions with separate water supply,

wastewater collection and storm water

management systems developed adjacent to a

municipal system.

34

REGIONALISM

The MML continues to support regional

councils and opposes efforts to repeal or weaken

the enabling legislation governing regional

councils and their activities. The MML further

supports state funding of regional council

activities. The MML encourages municipalities

and regulatory agencies to participate in

meaningful discussions with each other, along

with other stakeholders, when considering

regionalization as a potential solution.

LOCAL CODE COORDINATION

The MML urges the General Assembly to

enact legislation requiring the mandatory referral

of development plans by the state or its political

subdivisions to the affected municipal

government for compliance with local codes and

coordination with municipal plans.

PREEMPTION OF MUNICIPAL LAND USE

AUTHORITY

The MML strongly opposes any further

preemption of municipal land use regulations by

the General Assembly.

COLLECTION OF SPECIAL TAXES FOR

PROPERTY MAINTENANCE

The MML urges the General Assembly to

pass legislation authorizing municipalities to

collect special tax bills for property maintenance

code violations in the same manner as for

delinquent property taxes.

MUNICIPAL ACQUISITION OF LAND

The MML strongly opposes any attempt to

limit a municipality’s power of eminent domain.

The MML further opposes any requirement to

pay “damages” to nearby property owners when a

municipality purchases or condemns land for

public purposes. The MML also opposes

legislation that would encourage property owners

to challenge, risk free, condemnation settlements

offered in good faith.

35

EXTRATERRITORIAL PLANNING AND

ZONING POWERS

The MML supports the amendment of

Sections 89.144 and 89.145, RSMo to extend to

all municipalities in the state extraterritorial

planning, zoning, subdivision and code

enforcement powers in the surrounding

unincorporated areas. Additional provisions

should include mandatory representation of

residents in the areas affected on planning and

zoning boards during consideration of issues

related to their area and the retention of the

primacy of the extraterritorial powers by

municipalities regardless of whether or not the

respective county has adopted planning and/or

zoning procedures.

LOCAL GOVERNMENT BOUNDARY

ADJUSTMENT

The MML urges the immediate adoption of

legislation amending the annexation statutes to

provide that:

1) The current annexation procedures be

simplified and expedited to the greatest extent

possible;

2) Publicly held land be exempt from the elec-

tion requirements;

3) Special provisions be included for

“unincorporated islands” – land surrounded by

incorporated area;

4) Normal municipal services and their

funding sources be clearly defined;

5) Municipalities be given the authority to

enter into binding pre-annexation agreements

with landowners with property not contiguous to

the corporate limits of a municipality.

6) A second election, as provided for in

Section 71.015 RSMo, is not needed when two-

thirds of the combined voters of the city and the

area proposed to be annexed approve the

annexation proposal in the first election, even if a

majority of the voters in the area to be annexed

fail to approve the annexation.

7) Procedures should be established to

encourage territorial agreements between the

investor owned electric system that serves the

36

municipality and the rural electric co-op that

serves the area to be annexed.

8) The right of a property owner to voluntarily

agree to annexation shall be protected.

9) Municipalities be granted clear authority to

annex areas along a road or highway up to two

miles from their corporate limits for use in

development, creation of industry or services that

support growth, unless there exists opposition

from one of the contiguous cities.

EXTENSION OF MUNICIPAL SERVICES

INTO ANNEXED AREAS

The MML strongly opposes any legislation

that restricts the ability of a municipality to

extend municipal services into newly annexed

areas. Further, the MML urges the repeal of

current laws that restrict the extension of

municipal services into annexed areas.

Specifically, amend Section 247.165 RSMo to

remove the six-month time period after an

annexation for the municipality and water district

to develop an agreement to provide water service

to the annexed area.

In the creation or expansion of special use

districts, i.e. sewer, fire, etc., that encroach or

overlap a municipal jurisdiction, the municipality

should have the legal grounds to file as an

“Exceptor” and be notified via certified mail of

the filing of the petition.

An exceptor is a party that can file exceptions

to the legal petition requesting the formation of

the district.

Current state law only allows municipalities

to file exceptions when water districts are created

or expanded. This authority should be granted to

municipalities when all special districts are

created or expanded. When creating a special

district the filing party should be required to

notify the municipality of the petition to create

the special district. The MML opposes legislation

that would require cities to provide municipal

services beyond municipal boundaries.

Municipalities should be given the

authority to set urban service standards that apply

to all providers within municipal corporate limits.

37

MANAGEMENT OF PUBLIC RIGHTS-OF-

WAY

The MML strongly opposes any legislation

that would prohibit or restrict a municipality’s

authority to require a utility company to pay the

cost of relocating its facilities located in the

public rights-of-way when the request is for a

public purpose.

MML strongly opposes any legislation that

would allow for the installation of equipment,

hardware, or other infrastructure in municipally-

operated rights-of-way or on municipally-owned

facilities that prohibits oversight by the

municipality.

COLLECTION OF DELINQUENT UTILITY

BILLS

The MML opposes the repeal of the state law

authorizing municipalities to hold the property

owner and tenant jointly responsible for

delinquent water and sewer bills. Approximately

50 percent of Missouri’s municipalities have

adopted such a policy, because it is virtually

impossible to sue renters who have left the

municipality. Repeal of this law would cause

increases in water and sewer user fees to

compensate for the rise in uncollectible accounts.

Further, MML supports legislation providing

clear authority to municipally owned utilities to

hold the property owner and tenant jointly

responsible for electric, gas, refuse collection,

and other utility bills.

Utility billing polices should be left to local

officials who are ultimately responsible for the

proper management of municipal utilities.

RECAPTURE AGREEMENTS

The MML urges the General Assembly to

pass legislation authorizing municipalities to

enter into agreements with developers to

construct certain public improvements or excess

utility capacity that would benefit other

properties not yet developed or served by such

facilities. The city would recapture a portion of

the costs associated with the construction of these

38

public improvements by requiring properties

benefiting from the improvements to pay a

proportional share of the installation of these

oversized or expanded public improvements

before connecting or using said facilities.

HEALTHIER LIFESTYLES

The MML encourages all municipal leaders

and members of the General Assembly to

increase access to and affordability of healthy

food and beverage choices. Municipalities should

maximize access and incentives to participate in

safe, multimodal transportation choices, mixed

used development, and affordable physical

activity, both indoors and outdoors.

RECREATIONAL USE LEGISLATION

The MML urges the state of Missouri to

enact Recreational Use Legislation to protect

landowners from civil liability if they let their

property be used by others for recreational

purposes without charging a fee for profit.

MISSOURI’S LAND AND WATER

CONSERVATION FUND PROGRAM The MML supports the full funding of the

Land and Water Conservation Fund, in particular,

the renewed allocation of LWCF funds to each

state.

PROPERTY MAINTENANCE

ACCOUNTABILITY

The Missouri Municipal League urges the

Missouri General Assembly to enact legislation

requiring limited liability companies that own,

rent or lease real property, or owns unoccupied

real property to file with the municipality in

which the real property is located an affidavit

listing the name(s) and address of the person(s)

who has management control and responsibility

for the real property owned, rented or leased by

the limited liability company. Further, the League

39

urges the Missouri General Assembly to

authorize municipalities to file legal action to

requiring limited liability companies who fail to

file an affidavit with the municipality to file such

affidavit.

40